Communities don’t pass out gate codes

Q: I have a question for you. My brother lives in a gated community and the homeowner association told him he can’t have a gate code to get into his area because there has been too many break-ins in the area.

We had the same thing in our community in the past where the board refused to give us a gate code for our friends to get in. Our HOA was told they can’t do that and everyone got a code. Is there a statute that tells them they must supply the homeowner a code?

I see others in his area pull up to the gate and punch in a code and get in, so some people have one. Please give me some advice.

A:Nevada Revised Statute 116.2111 subsection 2a states that an association may not unreasonably restrict, prohibit or otherwise impede the lawful rights of a unit’s owner to have reasonable access to his unit.

There are some software programs where the association can only have one gate code which would then be distributed to all of the residents, as opposed to each resident having her own gate code. With a universal gate code, too many non-residents or previous residents have access to the community. Unless your association had apolicy to change the gate code every month, which would be an administrative nightmare, the security of the community is basically compromised. (Please note, there is no ultimate security system).

As long as homeowners have access to the community, such as the use of a gate clicker or transponder, the association would not have to issue gate codes especially in your brother’s case where the association has stated that there have been too many break-ins.

As to why some homeowners have the code and others do not, your brother would have to contact the management company for clarification or attend a board meeting and address his concerns during the homeowner forum.

As to your comment that you had a similar situation where your association would not give you a gate code for friends to have access to the community, this is pretty much a standard policy.

No association is going to provide a gate code to non-residents, as doing so truly negates any security for the homeowners.

Q: I live in a condo community with a homeowners association. I live on the second floor where I am able to walk up the steps and have a nice balcony before I enter my unit. I am 65 in good health and would like to remain here the rest of my life.

My concern is what happens when I can no longer walk up the steps. Could I be able to use one of the machines that attach to the railing so I can ride up to my condo?

I don’t see that situation addressed in the HOA regulations, and do not want to wait until the time comes to bring it up. Must an HOA provide “reasonable accommodations” by allowing a device such as I have described, or will I be forced to give up my condo and buy one at ground level? Should I be looking into this now?

A: According to the disability section of the Fair Housing Laws that regulates residential dwellings, you would need to submit an architectural request to your board to have such a machine attached to your railing to your condominium. It would be at your expense.

The board would have to grant the request with some conditions that you maintain it and it be removed when you were no longer occupying the home.

Barbara Holland is a certified property manager, broker and supervisory certified association manager. Questions may be sent to holland744o@gmail.com.